The Hon\u2019ble The Chief Justice and his Lordship\u2019s other companion Judges of

this Hon\u2019ble Court.

The humble application of the applicantsubmits the report in the

matter of Ganga Pollution

as under:-

The spiritual sanctity of the water of River Ganga, deeplyassociated with the rituals and custom of Hindu philosophy,regarding its great traditions; and simultaneously emergenceof the dead body or its ashes in holy water, some timeprovokes me to have an introspection and at that moment, thesound proposition in these verses reminds me of my Duty inthis manner:-

\u201cI am unjust, but I can strive for justice,

My life\u2019s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness\u201d.

\u201cWe, the people\u201d are still like cavemen, with our backturn to light, watching the shadow of the wall. There is aniron cage, not having any ventilation and people are living inthe state of suffocation, virtually on the verge of theirdeath point. There is a complete apathy of the custodian ofthe power towards their welfare and in our country "We, thepeople" who are regarded to be the sovereign of the nation,are living a life full of abrogation and subjugation.

\u201cAll the members of the court are considered as wounded,where justice is found wounded with inequity, and Governmentdo not extract the dart of inequity from justice or remove itsblot and destroy inequity, in other words where the innocentare not respected and the criminal are not punished.\u201d

\u201cA virtuous and just person should never enter a court andwhen he does so, he should speak the truth; he who holds histongue on seeing injustice done, or speaks contrary to truthand justice, is the greatest sinner.\u201d

\u201cJustice destroyed destroys its destroyer; and justice

preserved, preserves its preserver.

Hence, never destroy

justice, lest being destroyed, it should destroy thee.\u201d

\u201cIn this world justice or righteousness alone is man\u2019s

friend that goes with him after death.

All other things orcompanions part on the destruction of the body and he isdetached from all company. But the company of justice is nevercut off.\u201d

\u201cWhen injustice is done in the government out ofpartiality, it is divided into four parts of which one isshared by the criminal or doer of injustice, the second by thewitness, the third by the court, and the fourth by thepresident king of an unjust Government.\u201d

EXTINCTION OF ENTIRE GLACIER LEADING TO ENVIRONMENTAL CRISES

1.

That the Gaumukh Glacier situated at about 119 km from District HeadQuarter of Uttar-kashi at the State of Uttranchal. There is the extinction ofthe ice due to transmission of the energy on account of providingnourishment to the tourist. According to an estimate, this glacier wasrunning behind at the rate of 18 meter per year upto year at 1990. Now asper the report submitted by the Gobind Bhallabh Pant, Himalayan andEnvironmental Development Institute, Koshi, Almorha, the gravity ofextinction of this glacier is now assessed at the rate of 30 meters per yearand thus there is possibility at the extinction of entire glacier leading toenvironmental crises of scarcity of water to entire natives through Gangariver upto the year of 2050. Thus there has been the demand forpreservation of Gangotri Glacier. That water from the Ganga has therecursive property that any inherits its healing and other holy properties.

2.

That the Bhagirathi and Alakhnanda Rivers intermingles together at Deo-prayag. The extent of Ganga origin is spread from Bundhar-punch to NandaDevi; from east flow the Vishnu Ganga toward Badrinath, while Dhouli-Ganga comes from Drowna-giri. They mingle together at Vishnu Prayag. TheRishi-Ganga emerges from Nanda Devi and meets Ddouli- Ganga and thecombine stream are meet at Nand Prayag. From Trishul peek emergesPinder-ganga, which join it\u2019s at Karan-Prayag, while Mandakini emergesfrom Kedar Nath and merges with Alakhnanda at Rudra Prayag. Thus atDeo-prayag before meeting at two rivers namely Bhagirathi and Alakhnanda,there has been merging of different rivers in Alakhnandda and ultimately thepious water of Ganga vanishes in Gangotri plans, which is known as MotherGanga. For about 840 million of Hindus,just to take a dip inside the water ofMother Ganga is considered to be purified on their sins. River Bhagirathi and

Bhilangana rise from the glaciers in the Himalayas, which is now the part of

the state of Uttranchal.

3.

That the peculiarities of Allahabad, where Ganga appears as throughdiamond and sapphire, a flock of white swan, a bunch of garland of whitelotus and the cloud of Autumn, is no more seen by 870 million pilgrimagereaching at Allahabad just to take a dip at Sangam during Kumbh festival.During Mauni Amavasaya, it is believed to be the day of celestial blesses andauspicious bathing day, as the sun enter in the Capricorn zone in month ofMagh. According to Rig\u2013veda, those who bathed at Sangam, attainedsalvation after death. Thus it is the sacred duty of the citizen to remain theholy water of Ganga intact, as the same is received through proper supplyand distribution from Ganga cannel at Narora.

4.

That from Gangotri Glacier onward, Bhagirathi emerges, which is nowconnected with Bhilangna river at Tehri Dam. There has been sustainabledevelopment and simultaneously the demand for an environment protectionat Teheri Dam project. Since the Right to live a decent life and Right tohealth falls under Article 21, the environmental clearance may be thesubject matter of judicial review of the decision making process of anAdministrative action. The protest of ecologist not to be seen asobstructionist and antic process, but it is being respected, as that of thoughtprovocation.

5.

That it is a story of how downstream towns suffer due to activities upstream.The Ganga drains eight States Himachal Pradesh, Punjab, Haryana, UttarPradesh, Rajasthan, Madhya Pradesh, Bihar, West Bengal and the unionTerritory of Delhi.There are distilleries, paper, sugar mills and chemicalunits in Meerut, Rampur, Gajraula Industrial Estate, Moradabad,Bulandsahar and other towns of Western Uttar Pradesh and Uttaranchalwhich discharge their highly contaminated, multi-coloured waste into theRam Ganga and Kali rivers, the tributaries of Ganga which meet it in theupstream of Kanpur. The industrial effluents generated by upstream townsaggravate Kanpur\u2019s drinking water problem. In Kanpur, 1350-odd leather-making units add to the pollution of the holy river. Resultantly, furtherdown, Allahabad gets more toxic water.

6.

That the various aspects relating to the conditional clearance have beendealt with in the catchments area. It impact upon flora and fauna relating towater quality maintenance and its impact upon human health has been